THE DIOCESE OF HARRISBURG Page Response of the Diocese of Harrisburg 202 Response of Father James McLucas 208 Response of Bishop Kevin C. Rhoades 211 Response of Auxiliary Bishop William Waltersheid 217 (717) 657.4804 FAX (73.7) 657-1370 DIOCESE OF HARRISBURG 4800 Union Deposit Road Harrisburg, Pennsylvania 17111-3710 BishopisOffice@hbgdiocese.org www.hbgdiocese.org OFFICE OF THE BISHOP June 20, 2018 Dear Reader: On behalf of the Diocese of Harrisburg, this letter and my. March 8, 2018 Statement to the Grand Jury, which is enclosed, is the response ofthe Diocese to the 40th Statewide Investigating Grand Jury's Report. With this letter, I wish to make just a few points. To begin, the Diocese apologizes for any abuse committed by clergy, stag volunteers, or otherwise who were associated with the Diocese. Such abuse is a scourge on Society, and as Bishop ofthe Diocese of Harrisburg, 1 take seriously both mine and the Diocese's obligation to prevent such abuse from occurring, to foster healing, and to be transparent. Next, I must emphasize that the Diocese has substantially overhauled its child protection programs over the years, and I can confidently say today we take every reasonable effort to prevent abuse and take every step necessary to report abuse when such allegations are received. Indeed, when reports of abuse are made, they are promptly acted upon without question, 'including both the immediate reporting of the abuse to law enforcement and suspending the accused person from contact with children. No exceptions. The Diocese can say without reservation that every person with an allegation of child sexual abuse has been turned over to law enforcement. Finally, this investigation has caused the Diocese to take a frank look at its past as well as its. present Part of that assessment is an evaluation by the Diocese of whether any lingering symbols of the sad history revealed in the Report remain. Specifically, the Diocese is evaluating whether the names ca.ried on certain buildings, rooms, and halls in the Diocese should continue. Accordingly, I have directed my Staff to establish a "committee on names" to advise me whether any of the persons discussed in the Report, who are also named in or on our facilities, should have their names removed. I have directed this committee to report to me in all due haste and I will act promptly on their recommendations. In closing, on behalf of the Diocese, I again recommit to preventing and eradicating abuse in our midst and to preventing any of this hiStory from repeating. I hope this is an opportwfity to not only reflect, yet also a time to heal. Respectfully, ic?df...010 Most Rev. Ronald W. Gainer Bishop of the Diocese of Hanisburg Enclosure 202 (717) 6574804 FAX (717) 657-1370 DIOCESE OF HARRISBURG 4800 Union Deposit Road Harrisburg, Pennsylvania 17111-3710 Bishop'sOffice@hhgdiocese.org www.hbgdiocese.org OFFICE OF THE BISHOP Statement of Bishop Ronald W. Gainer to the 40th Statewide Investigating Grand Jury My name is Bishop Ronald W. Gainer. I was appointed Bishop of the Roman Catholic Diocese of Harrisburg by his Holiness Pope Francis on January 24, 2014. I was installed on March 19, 2014. This is my first assignment within the Diocese of Harrisburg. Thank you for this opportunity to offer a written statement to the. Grand Jury concerning actions taken by the Diocese to prevent child sexual abuse. It is understood that this statement is submitted in lieu of live testimony before the Grand July. I assure;you that, with the guidance of experts in child protection and law enforcement, the Diocese some time ago adopted safeguards for the well-being and protection of children entrusted to our care. This includes a comprehensive program developed, and regularly audited by, the United States Conference of Catholic Bishops, which features, among other thing , a Victims Assistance Coordinator (VAC) on staff at the. Diocese. The VAC's sole mission is to serve survivors and facilitate their healing. The Diocese also has a comprehensive youth protection program that educates clergy, employees, and volunteers on appropriate and safe interactions with children and ensures that certain basic precautions are implemented whenever children interact with Diocesan personnel. Our commitment to a safe environment for children includes two full-time employees whose charge and chiefjob responsibilities are the safety of children; these employees are in addition to the VAC. The Diocese has also implemented the following safeguards to protect children: The Diocese has a zero tolerance policy when it comes to individuals who abused minors. No such persons are allowed to work in the Diocese or participate in volunteer activities thit may place them in contact with children. As part of the employment/volunteer application process, all Diocesan personnel and all Diocesan volunteers who may come in contact with children are required to pass detailed backgyound checks, to disclose information relating to any prior allegations or instances of abuse, and to complete state -mandated reporter training for recognizing and reporting child abuse. The Diocese developed a comprehensive educational program to teach children and their parents to recognize, avoid, and report suspicious conduct Specific instruction is provided to students in Diocesan schools in the first and fifth grades and at the high school level. 203 The Diocese regularly trains clergy, employees, and volunteers to recognize and report abuse using a state -approved online training program. The Diocese provides easily identifiable ID Badges for all individuals who have completed the required background certification and training for the Diocesan Youth Protection Program. Additionally, I will continue to aggressively remove abusers from ministry, employment, or volunteer positions. One proven allegation of abuse automatically bars the person in question from association with the Diocese. While new abuse allegations are examined by law enforcement or theDiocese, I place appropriate restrictions on the accused to prevent any contact with children pending the outcome of the investigation. Further, in addition to reporting every new allegation to law enforcement, the Diocese now submits all investigations of complaints to professional, outside investigators, who are neither clergy nor personnel of the Diocese. These same outside investigators were asked to review a number of historical, unresolved complaints to determine whether additional information was available that might assist in assessing the credibility of the allegations. As a result of these inquiries, we acquired additional information, which was provided to the Office of Attorney General and District Attorney& The reexamination of those historic allegations led me to replace certain Diocesan personnel. It is noteworthy that, in connection with the Grand Jury investigation, the Diocese produced over 200,000 pages of records to the Grand Jury, including the records of allegations of child sexual abuse made against personnel of the Diocese. Importantly, the Diocese of Harrisburg has turned over to law enforcement ever), file concerning allegations of child sexual abuse made against the Diocese. These include allegations appearing to be credible and those appearing to be not credible; all have been turned over. Because we have and will continue to provide to law enforcement the identity of every accused clergy, employee or volunteer, and because we'have implemented a rigorous safe environment program and will continue to examine the program for possible improvements, I believe that our churches and schools are safe for the people of this Diocese. The Diocese is committed to taking all appropriate measures to protect young people. For instance, soon the Diocese of Harrisburg will launch a website that will include specific instructions on how to report child sex abuse and other information pertinent to our efforts to ensure the safety of our children. The site will include: Information on victims' assistance and how survivors can receive the support and counseling that they need. A comprehensiv6 overview of the systems we have put in place to prevent abuse, including background checks, clearances, training, and audits of our systems. . The signs for identifying abuse. Information about employee training and screening. 2 204 Phone numbers for reporting allegations of abuse. Other Diocesan policies and our code of conduct. Additionally, graphics from, and links to, the website will be provided to each parish to post on their own website. I have also directed the Diocese to retain a Third-party vendor to host a telephone number for persons to call with allegations of abuse against clergy, employees, and volunteer& The number will be posted prominently on the updated website and will be staffed by persons not associated with the Diocese. The vendor will be responsible for reporting any allegations received directly to ChildLine, to law enforcement, and then to administrative staff at the Diocese. This third-party service will be in addition to the phone number the Diocese already maintains for reporting allegations of abuse. Further, every accusation of child sexual abuse against any Diocesan personnel is reported immediately to law enforcement and examined thoroughly. Indeed, when information concerning a reportable allegation is made known to the Diocese, we report it to ChildLine immediately, and follow the report with a letter to the relevant county district attorney. We are, and have been committed, to honesty, transparency, and diligence in ensuring'the safety of our children in all matters. Finally, I have decided to overhaul the current Review Board for the Diocese, which is the body that assists me, as Bishop, in the discharge of my Canonical responsibilities for reviewing allegations of abuse. In the near future, the Board will be reconstituted to include a wider range of perspectives and voices, including persons not associated with the Diocese who have relevant experience in the area of protecting children from abuse. I believe it is important,to also recognize the positive work the Church does by acting as a spiritual center for our community, and to recogni 0 the work we do to help those in need. In addition to being a place of worship for the Catholic community in our area, Catholic Charities of the Diocese of Harrisburg offers a variety of services for the entire community. In fact, last year Catholic Charities spent $8.4 million dollars funding a variety of programs including: Assisting with adoption services, providing housing, assistance, transportation, employment, diapers, clothing, furniture and childbirth and parenting classes to expecting mothers in need. Locating foster homes for children in need of stable families. Helping families in need of the Intensive Family Services Program, which helps provide family therapy to those in need of parenting skills as well as connecting families to community resources. Providing a wide range of social and educational services to immigrants, refugees, visitors, and non-English speakers, including helping them find employment, learn 205 English, find housing, find financial assistance for housing and utility bills, and obtain immigration legal services. Assisting with the interfaith shelter for homeless families, where staff works to help sort out issues that may have caused homelessness, unemployment, education, childcare, healthcare, transportation and other related issues. Upon completion of the program, as many as 98% of the families achieve a stable level of housing and a better quality of life. Operating the Paradise School Program, which provides emotional and behavioral support to school age children. Staff members include an Instructional Advisor as well as a School Psychologist, Speech Therapist, and Occupational Therapist. Paradise Staff provide crisis intervention, supervision during lunch and break periods, social skills education, and school district coordination, all to help students return to their home school districts and continue their education. Providing the Intensive Day Treatment Program, an alternative to residential treatment services, which serves at-risk youth from age nine to fifteen who possesses significant emotional and behavioral needs. As you can see, the Diocese fills a variety of critical support functions in mid-state communities, helping those of all backgrounds, faiths, and economic standing, and in particular our youth. This entire situation causes me great sadness, for once again we come face-to-face with the horror that innocent children were the.victims of terrible crimes committed against them. I encourage survivors to come forward so that the Church can aid in their healing. Our efforts in finding and attempting to aid survivors in their path to healing is ongoing. The Diocese of Harrisburg has worked to help survivors of child sex abuse who have bravely come forward and has made substantial resources available for survivors. In addition to financial support, survivors receive counseling from qualified professionals and other assistance as appropriate. Without any question, counseling is provided to survivors who come forward. Regardless of when the abuse occurred, we respond to the survivors' needs. In conclusion, I pray that the love of our God, whose tenderness and compassion endures in every age, will continue to restore those who are survivors of all abuse, physical, mental, emotional, and sexual. Thank you again for the opportunity to submit these remarks. Dated: /14441 261: Bishop Ronald W. Gainer 206 207 RESPONSE OF FATHER JAMES McLUCAS TO THE REPORT OF THE INVESTIGATING GRAND JURY PURSUANT TO 42 PA. C.S.ยง4552(e) THE LAW FIRM OF WILLIAM G. SAYEGH, P.C. 65 Gleneida Avenue Carmel, New York 10512 (845) 228-4200 Attorneys for Father James McLucas 208 Father James McLucas respectfully requests that interested persons read and consider this response before forming any final conclusions about the shocking and horrible accusations that have been leveled against him in the report issued by the 40th Statewide Investigating. Grand Jury. These allegations must have been based upon half-truths, false assumptions, and/or innuendo and are categorically false. Any individual that provided information that could have led to such conclusions by the Grand Jury was misinformed, sought to mislead the Grand Jury, or was mistaken. It is unknown what evidence was presented to the Grand Jury; what is known, however, is that Father McLucas was never asked to testify or given an opportunity to present evidence on his own behalf. While Father McLucas was not charged with any crime, the shocking and horrible accusations in the report without published evidence, without trial, and without due process of law will nevertheless blacken his reputation and destroy him in his profession. In this regard, the report so offends traditional notions of fairness that Father McLucas is compelled to publicly make this response denying each and every allegation in the strongest possible terms. - - 209 210 IN THE COURT OF COMMON PLEAS ALLEGHENY COUNTY, PENNSYLVANIA SUPREME COURT OF PENNSYLVANIA 2 W.D. MISC. DKT. 2016 IN RE: THE FORTIETH STATEWIDE ALLEGHENY COUNTY COMMON PLEAS CP-02-MD-571-2016 INVESTIGATING GRAND JURY BISHOP KEVIN C. RHOADES' RESPONSE TO EXCERPTS OF THE FORTIETH STATEWIDE INVESTIGATING GRAND JURY REPORT NUMBER I Kevin C. Rhoades ("Bishop Rhoades"), through his counsel, Eckert Seamans Cherin & Mellott, LLC, pursuant to the Court's Amended Order of May 22, 2018, hereby submits his Response to Excerpts of the Fortieth Statewide Investigating Grand Jury Report Number 1 ("Report"). . Initially, Bishop Rhoades offers his heartfelt sympathy and support to all of those victimized by abusive priests. Like so many of his fellow priests, he has worked hard throughout his ministry to expose and punish those who would abuse and to aid and support those harmed by abuse. Sadly, as the Report makes abundantly clear, those collective efforts have fallen short. Bishop Rhoades pledges his ongoing and undying efforts to ensure that abuse does not occur in the future, that abusers are removed immediately from ministry, that victims are provided all necessary care and support and that civil authothies are made fully aware of all allegations of abuse. Bishop Rhoades is mentioned in the Report in connection with two cases of abuse that occurred long before he was installed as Bishop of the Diocese of Harrisburg. In both cases, after Bishop Rhoades was made aware of allegations of abuse, he reported them to civil authorities and saw to it that the abusers were punished. Given his limited role, it is not surprising that the Report contains scant context about Bishop Rhoades or his involvement in these two cases. With this response, Bishop Rhoades provides that context, in the hope that his actions and intentions are accurately and completely portrayed and understood. First, Bishop Rhoades was appointed as the Bishop of Harrisburg in December 2004. For the ten years' prior, he had been out of the Diocese, serving as a professor and then the rector of Mount Saint Mary's Seminary in Maryland. Bishop Rhoades began his tenure as Bishop of Harrisburg, therefore, more than two years after the United States Conference of Catholic Bishops adopted the Charter for the Protection of Children and Young People. Thus, prior to his arrival, the Diocese had already developed and implemented a comprehensive set of procedures for addressing allegations of sexual abuse of minors and adopted programs for reconciliation, healing, accountability, and the prevention of future acts of abuse. The Diocese had also already combed through its files and identified all prior allegations of child sexual abuse and ensured that any credibly accused priest had been removed from ministry. {M1778077.1} 211 Second, during his five-year tenure in Harrisburg (Bishop Rhoades served until December 2009, after which he was installed as Bishop for the Diocese of Fort Wayne-South Bend, Indiana), Bishop Rhoades ensured that the Diocese scrupulously followed its policies and procedures designed to address allegations of child sexual abuse; that it took all such allegations seriously; treated victims with care and compassion; investigated all allegations and removed all credibly accused priests from ministry; notified civil authorities of the allegations; and, cooperated fully with law enforcement. The Report does not state or suggest otherwise. Third, in both cases in which he is mentioned in the Report, Bishop Rhoades moved to discipline the abusers (both of whom had previously been removed from ministry) and notified both church and civil authorities of the allegations. For example, in the first case, William Presley was a priest from the Diocese of Erie who apparently retired to Lancaster in 2000. Bishop Rhoades did not know Presley, was unaware of his presence in the Diocese of Harrisburg, was unaware of what, if any, priestly duties he may have been practicing in Lancaster and had no idea that he had previously been accused of child sexual abuse. To the best of his recollection, Bishop Rhoades first learned of Presley and abuse allegations against him in early 2006, when the Bishop of Erie asked Bishop Rhoades to draft a "votum" - a written statement - that would be used as part of the disciplinary proceeding against Presley that had been initiated by Erie. Unfamiliar with Presley and/or his activities in the Diocese of Harrisburg, Bishop Rhoades asked his Chancery Staff to research Presley's situation and to prepare the votum. Bishop Rhoades relied on his Chancery Staff and believed that the facts asserted in the votum (all of which occurred before Bishop Rhoades arrived in Harrisburg) were true. Bishop Rhoades was firm in his belief that Presley had to be removed from the priesthood, which was the most severe form of punishment available. Bishop Rhoades' votum is clear and unequivocal on this point: [Presley's] lengthy history of sexual misconduct in violation of his promise of clerical celibacy and perpetual continence, his deliberate misrepresentation of the truth to the bishop to whom he promised respect and obedience, and the grisly nature of his many sexual acts even beyond the one known gravius delictus committed with a minor, all combine to suggest to me as the ordinary of the place where he now resides, that Bishop Trautman's request is reasonable and necessary. Dismissal from the clerical state may be the only means of removing a sexual predator from the ranks of the priesthood. His age is not necessarily an obstacle to his sexual misconduct, given his history. As long as Father William F. Presley remains in the clerical state, I harbor fear for the People of God within the Diocese of Harrisburg. I fear that his possession of the clerical state will allow him a means of continuing his pattern of carefully insinuating himself into the lives of others as a prelude to violence and sexual misconduct. Further, I believe that his own contumacy, and his denial of the seriousness of his behavior, may be intransigent until an action as serious as dismissal from the clerical state awakens within him a semblance of repentance. 041778077.0 2 212 The Vatican agreed, and on June 6, 2006, Pope Benedict XVI removed Presley from the clerical state. But, having Presley defrocked was not enough. Instead, Bishop Rhoades also made sure that law enforcement was informed of Presley's abuse and his current whereabouts, which was accomplished via a letter dated June 23, 2006 to the District Attorney for Lancaster County. The. Report quotes the following portion of a single sentence from the two -page votum: "were this information [about Presley's abuSe] to become known, especially in light of his offers of public assistance at Mass in several parishes, great public scandal would arise within this diocese." While this selective quotation is accurate, taken out of context, it could easily be misunderstood Bishop Rhoades' votum was to be included in a package of information that the Diocese of Erie would to submit to a Vatican judicial entity known as the Congregation for the Doctrine of the Faith ("CDF"). According to canon law, one of the key purposes of imposing ecclesiastical penalties is the "repair of scandal." In the voturn, Bishop Rhoades supported his recommendation that the most severe penalty be imposed against Presley by noting that his wrongdOing would cause "great public scandal" if and when it became public. While this language, on its face, could be misinterpreted to indicate that Bishop Rhoades wished to protect Presley or to bury the allegations, Bishop Rhoades' conduct proves otherwise He notified the District Attorney of the allegations against Presley, that Presley had been suspended from ministry, and of Presley's current whereabouts. And he stridently advocated for his removal from the clerical state. The second case, involving Francis. Bach, similarly features a situation where Bishop Rhoades, after learning of a new allegation of abuse against Bach, acted immediately to punish the priest and to notify law enforcement. Bach had been removed from ministry by way of penal precept more than ten years before Bishop Rhoades arrived in Harrisburg. While Bishop Rhoades was aware of the reasons for Bach's removal from ministry, his first direct involvement with allegations of abuse against Bach occurred in April 2007, when another Bach victim advised the Diocese that he had been abused on three occasions between 1966 and 1971. Bishop Rhoades immediately opened a formal investigation and directed his staff to meet with the victim, which meeting took place within 72 hours of the allegation. Bishop Rhoades also instructed counsel for the Diocese to notify the. Dauphin County District Attorney's Office of the new allegation and of Bach's whereabouts. That notification letter was also sent within 72 hours of the diocese's receipt of the new allegation. Bishop Rhoades subsequently issued a second, more severe, penal precept precluding Bach from acting as a priest, and reported the case to the CDF. As the Report notes, in his submission to the CDF, Bishop Rhoades did not recommend the initiation of a formal judicial proceeding. Bishop Rhoades' recommendation was based on many factors, including that Bach had been out of ministry for 13 years, he had been living in another state without incident for many years, his abuse occurred decades earlier (the latest reported abuse appears to have been in the mid-1970's), he was over 70 years old, and he was in ill health and had been recently hospitalized with blood clots in his lungs and legs. In addition, by removing Bach from 'ministry and forcing him to live a life of prayer and penance, the Diocese followed the precepts of the Dallas Charter, whiCh states: "If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity), the {M1778077.1) 3 213 offender ought to lead a life of prayer and penance. He will not be permitted to celebrate Mass publicly or to administer the sacraments. He is to be instructed not to wear clerical garb, or to present himself publicly as a priest.)" In addition to bringing the allegations of abuse to the CDF, Bishop Rhoades was careful to make sure that the local District Attorney and the diocese in which Bach lived were informed of the allegations, which notification was accomplished by sending letters to the Dauphin County District Attorney's Office and to the Bishop of Wilmington, where Bach had moved after being removed from ministry in 1994. As with the Presley votum, Bishop Rhoades again addressed whether and how the public disclosure of Bach's misconduct would impact the community, noting that such disclosure would "cause scandal to many, as he is still a priest who is beloved by many in our diocese." This is the portion of the votum that the Report quotes. Again, as with Presley, the context for Bishop Rhoades' observation is important. First, there can be no suggestion that Bishop Rhoades intended to keep the allegations secret. In fact, he did the opposite. He disclosed the allegations to the CDF, to the District Attorney and to the Bishop of Wilmington. He also knew that the diocese had notified Bach's home town's Chief of Police of prior allegations of abuse. Similarly, it cannot be suggested that Bishop Rhoades intended to "go light" on Bach. To the contrary, Bishop Rhoades issued a Decree of Penal Precept that precluded Bach from acting like a priest, dressing like a priest, referring to himself as a priest, or celebrating any public sacrament. Short of excommunication, this is the most serious penalty a Bishop can impose. The penalty was redundant, moreover, given that Bach was already subject to a similar, if less onerous, penal precept from 1994 and there was no indication that Bach had ever violated that earlier precept. Finally, the votum itself comprehensively explains the rationale for Bishop Rhoades' recommendation: that Bach had been living a life of prayer and penance for nearly 13 years, that he had little possibility of contact with children and youth, that the penal precept required that he avoid all contact with children and youth, that he was celibate, that his abuse had occurred more than thirty years earlier, that he was in ill health, that he was living in solitude, and that he was making daily visits to a former neighbor who was confined to a nursing home. In conclusion, the Report details shocking and heart -wrenching reports of sexual abuse of children and equally appalling indifference to victims. Since his elevation to Bishop in 2004, Bishop Rhoades has committed himself to safeguarding children, to removing abusers and to working to restore the faithful's confidence in the church and its leadership. He will not stop until no child is abused and no abuser is protected. (M1778077.1) 4 214 Respectfully submitted, ECKERT SEAMANS CBERIN & MELLOTT, LLC David M. Laigaie, Esquire Two Liberty Place 50 S. 16th Street, 22nd Floor Philadelphia, PA 19102 dlaigde@eckertseamans.com (2.15)'851-8386 (Telephone) (215) 851-8383 (Telecopy) Counselfor Bishop Kevin C. Rhoades {M1778077.1) 5 215 .216 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA IN RE: SUPREME COURT OF PENNSYLVANIA 2 W.D. MISC. DKT. 2016 THE FORTIETH STATEWIDE INVESTIGATING GRAND JURY ALLEGHENY COUNTY COMMON PLEAS CP-02-MD-571-2016 NOTICE NO. 1 AUXILIARY BISHOP WILLIAM WALTERSHEID'S RESPONSE TO REPORT NO. OF THE 401.11 STATEWIDE GRAND JURY 1 Auxiliary Bishop William Waltersheid served in the Chancery of the Roman Catholic Diocese of Harrisburg from 2006 to 2011 and held the position of Secretary for Clergy and Consecrated Life, and in that capacity had a role in addressing allegations of sexual abuse or improper conduct by priests and deacons. From 2011 to present, Rev. Waltersheid has served in the Chancery of the Roman Catholic Diocese of Pittsburgh, including holding the positions of Auxiliary Bishop, Vicar for Clergy and Consecrated Life and Vicar of Region I, and in that capacity has had a role in addressing allegations of sexual abuse or improper conduct by priests and deacons. He helped handle dozens of allegations of abuse during his time in the respective positions in both Dioceses. In his role in both Dioceses, Rev, Waltersheid consistently endeavored to put the need for pastoral care of victims of abuse and their rights first. He believes he did so and that his work in each respective Chancery reflects this fact. The Grand Jury Report appears to concur with this assessment. Despite his long tenure in his respective positions in both Dioceses and his having been involved in handling dozens of allegations, while his name is mentioned in various places in the Report, references to him almost universally deal with Rev. Waltersheid simply being involved in the processing of an allegation of 217 abuse or trying to pastorally provide for a victim. A plain reading of the Report reveals that no allegations of misconduct or efforts to hide allegations of abuse are levied against Rev. Waltersheid. Auxiliary Bishop Waltersheid sends his prayerful support to all victims of abuse. 2 218 REDACTED -- ONGOING APPELLATE LITIGATION Respectfully submitted David erardinelli, Esq., Pa. ID 79204 DeForest Koscelnik Yokitis & Berardinelli 436 Seventh Avenue, 30th Floor Pittsburgh, PA 15219 Attorney for Auxiliary Bishop William Waltersheid 3 219 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA IN RE: SUPREME COURT OF PENNSYLVANIA 2 W.D. MISC. DKT. 2016 THE FORTIETH STATEWIDE INVESTIGATING GRAND JURY ALLEGHENY COUNTY COMMON PLEAS CP-02-MD-571-2016 NOTICE NO. 1 CERTIFICATE OF SERVICE I, David J. Berardinelli, Esquire, hereby certify that a copy TO REPORT NO. 1 of the foregoing RESPONSE OF THE 40TH STATEWIDE GRAND JURY was served on June 11, 2018 via overnight mail upon the following individuals: The Honorable Norman A. Krumenacker, III Supervising Judge, 40th Statewide Investigating Grand Jury Cambria County Court of Common Pleas Cambria County Courthouse 200 South Center Street Ebensburg, PA 15931 Daniel J. Dye Senior Deputy Attorney General Criminal Law Division 1600 Strawberry Square Harrisburg, PA 17120 By: D era melli, PA I.D. No.79204 DEFOREST KOSCELNIK YOKITIS & BERARDINELLI 436 Seventh Ave, 30th FL Pittsburgh, PA 15219 Phone: 412-227-3135 Fax: 412-227-3130 Email: berardinelli@cleforestlawfirm.corn Counselfor Auxiliary Bishop William Waltersheid 220